(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LITTER. Any discarded, used, or unconsumed substance or waste, including, but not limited to: any garbage; trash; refuse; debris; rubbish; newspaper; magazine; glass; metal; plastic; or paper containers or other packaging construction material; abandoned motor vehicle, as defined in SDCL § 32-36-2; motor vehicle parts; furniture; oil; carcass of a dead animal; any nauseous or offensive matter of any kind; any object likely to injure any person or create a traffic hazard; or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly.
YARD WASTE. Any grass clippings or other lawn or garden waste, leaves, or branches.
(B) This city has been required by the state to create and maintain a yard waste disposal site for the purpose of dumping, depositing, dropping, throwing, discarding, or leaving yard waste.
(1) This site is located at Garretson Branch Pile.
(2) This site shall be operated and maintained by the city.
(3) Rates for the use of the yard waste disposal site shall be established by resolution by the City Council.
(4) The use of the site is restricted to residents only, except that a non-resident may use said site by first applying for a special permit at the Finance Office, for which there will be a fee of an amount established by the City Council by resolution, which is on file at the Finance Office.
(5) The site will be open between the hours of the day and the days of the week as established by resolution of the City Council, to be amended from time to time as the need exists, which resolution is on file at the Finance Office.
(6) Only yard waste may be disposed of at the yard waste disposal site.
(7) It shall be unlawful to dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding, or leaving of any litter at the yard waste dump site.
(C) The city will operate a city-wide clean-up site at its discretion.
(1) The city-wide clean-up site will be open as established by resolution of the City Council, to be amended from time to time as the need exists, which resolution is on file at the city’s Finance Office.
(2) Rates for the use of the of the city-wide clean-up site shall be established by resolution by the City Council.
(3) The use of the city-wide clean-up site is restricted to city residents only.
(4) All items deposited at the city-wide clean-up site shall be declared abandoned property upon depositing the same.
(5) It shall be unlawful for any person, firm, corporation, or business to do any of the following at the city-wide clean-up site:
(a) Dump, deposit, discard, or leave any refuse that is prohibited;
(b) Disregard the site caretaker’s directions;
(c) Retrieve, take away, or remove any rubble without written permission from the city;
(d) Use the city-wide clean-up site unless a resident of the city; and/or
(e) Use the city-wide clean-up site when it is closed to public use, except by special permission of the city.
(D) The established rate for the yard waste disposal site and city-wide clean-up program is a monthly fee of $1, to be billed on the utility bills of all residents.
(Ord. 596, passed 1-11-2010; Res. 2010-02, passed 1-11-2010) Penalty, see § 53.99